Time To Take Action – IMPORTANT YOU READ THIS!!!

Hello Everyone,

I am new to the forum and decided to take time to put together some information that I hope will benefit airgunners around the country.

Having read posts from all the forums it appears that some Airgun Retailers are always in the spotlight for unfair business practices that hurt consumers. This does not have to keep happening.

We as consumers have no right to complain if we are not willing to take action.
Why should consumers be required to put up a deposit for an airgun and then wait two to three months without ever receiving the order?
Why do we pay restocking fees to return BAD merchandise?
Why pay money for an expensive airgun and be told we have to pay even more to get it to shoot well?
Why allow retailers to monopolize certain brands and then gouge the customer and then provide piss poor service after the sale?

Because we don’t seek remedy against the Retailers doing this.

I started to research this after reading the post “Still waiting on mine”. There are countless laws that govern Internet and Phone order fulfillment. One that is most often abused is Rule 435. Rule 435 clearly states: For any consumer who places an order by phone or Internet and makes a payment (full or deposit), the Retailer has 30 days to ship the order. The clock starts ticking the day you place the order and make a payment or deposit. If the order is NOT shipped by day 30 the Retailer is required BY LAW to notify you regarding the delay and/or to make full refund of your payment.

This does not apply to: Orders placed without payment, special order or custom products. Also, if the Retailer is up front and offers a timeline of two to three months, they are only required to offer notification after the three month deadline. If the Retailer offers you a timeline for shipment (i.e. he tells you within two weeks the order will ship) he must comply with the two week deadline.

If the Retailer offers you a shipping deadline and does not have adequate inventory on hand or orders in place with expected timely delivery of merchandise he is in violation of the law. There are stiff fines levied to Retailer in violation of the law.

These links provides detailed information regarding Rule 435:
http://blog.acquitygroup.com/2009/08/06/back-orders-and-rule-435-compliance-breaking-the-law-breaking-the-law-breaking-the-law/

http://www.business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule

In addition there are certain Retailers who have complete disregarded for Federal and State laws related to Fair Business Practice that are in place to protect the consumer. Violation of these laws should not continue to go unreported. Retailers who monopolize certain brands by negotiating exclusive contracts with manufacturers hurts everyone. They minimize the number of retail outlets available to consumer and fix pricing levels well above what can be considered fair and equitable. In the end it is always US, the customer who ends up with the short end of the stick.

We the consumer can put an end to this. Please visit this site:
http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws

There are laws in place that dictate how Importers and Retailers have to conduct business. Penalties for violations of these laws are very severe. Here is just a small list of Antitrust Acts that have been in place for years that are meant to govern commerce here in the United States:
Price Fixing
Group Boycotts
Exclusive Dealing or Requirement Contracts
Refusal to Supply
Advertising products without adequate inventory to supply demand
Monopolization
Exclusive Supply Agreements
Refusal to Deal

If an Importer/Retailer continues to blatantly violate these laws, then everyone reading this needs to take action. One of the easiest ways to get things started would be to report violations. This is the link to a website that allows consumers to air their grievances:

https://www.azag.gov/complaints/consumer

If enough people are willing to take action we can put an end to these abusive practices. It only takes about 10 minutes of your time.